What Was Madrid v Gomez?

By Michael Ferguson

Madrid v Gomez was a landmark case in the field of privacy law. It was a legal battle between a Spanish citizen named Mario Costeja Gonzalez, and Google Inc. The case was heard by the European Court of Justice (ECJ) in 2014, and the ruling had far-reaching consequences for individuals’ rights to control their personal data.

Background

In 1998, a Spanish newspaper called La Vanguardia published two notices about Mr. Gonzalez’s social security debts. The notices were later digitized and published on La Vanguardia’s website, which meant that they were now accessible through Google search results.

In 2010, Mr. Gonzalez filed a complaint with the Spanish Data Protection Agency (DPA) requesting that both La Vanguardia and Google remove these notices from their respective websites as they were no longer relevant.

Google refused to delete these links, arguing that it was a search engine and not responsible for the content of third-party websites. This led Mr. Gonzalez to take his case to the ECJ.

The Ruling

The ECJ ruled in favor of Mr. Gonzalez, stating that he had the right to request that Google remove links to personal data about him if it was no longer relevant or accurate.

This ruling became known as the “right to be forgotten.” It meant that individuals could ask search engines like Google to delist web pages containing personal information about them if it was deemed inadequate, irrelevant or no longer necessary.

However, this right is not absolute. Search engines can still refuse requests if there is public interest in keeping the information available online or if it is related to criminal activity.

Implications of Madrid v Gomez

The Madrid v Gomez case had significant implications for privacy law around the world. It highlighted the importance of individual rights concerning personal data protection and privacy.

The ruling also challenged traditional ideas about freedom of expression and the role of intermediaries, like Google, in the protection of those rights.

Conclusion

Madrid v Gomez was a landmark case that underscored the importance of privacy rights in an increasingly digital world. It established the “right to be forgotten” and put individuals in control of their personal data.

Today, search engines like Google have implemented processes for removing links based on this ruling. However, it remains a contentious issue, with many arguing that it threatens freedom of expression and access to information.